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Small Builder’s Best Practice Guide for Extension of Time Claims

Nothing slows a project down like a good downpour and while the reason might seem obvious, if you need to submit an Extension of Time Claim, you need to get proof the rain actually happened.

In building and construction you need excellent paperwork, even for Extension of Time Claims. That’s why we’ve put together the Small Builder’s Best Practice Guide for Extension of Time Claims.

Our Best Practice Tips

Keep a Site Diary
• Who was working on site that day?
• What work was supposed to be completed?
• Which trades were affected by the weather delay?

Take Pictures for Your Diary

Yes, you can support your delay notice with data from the Bureau of Meteorology but what if the site you are working at does not have a weather station in that suburb or city? Taking pictures of the site, including the effect of the rain on working conditions, is an inexpensive way to gather proof of the weather delay.

Inspect the Project Site.
Walk around and gather information regarding the effect of the delay on site. Remember to include the work health and safety issues of the persons who perform the work. Ask a representative of the principal or the head contractor to join you and record the results of your inspection.

Submit your Notice of Delay ASAP
Do not add to the delay. Avoid the contract time bars. Your supporting evidence will be useless if your notice of delay or extension of time claim is submitted too late.

Use Building Software for Your Notice Needs
It is your right as a small builder or commercial contractor to ask for a reasonable extension to your construction program due to delays which are beyond your control. By failing to properly claim for an extension of time exposes you to liquidated damages, increase cost to complete our works, and other damages.

That smart phone you are always fiddling with actually has amazing capabilities. These days, technology can help you easily, quickly, and properly manage inclement weather risks. The Small Builders Building Software is a perfect example of this technology. The Small Builders Building Software allows you to:

prepare a notice of delay wherever you are with all the evidence you need

attach photos and other documents to your notice of delay

record minutes of meetings – record results of your site inspection

send your notice of delay to your principal or head contractor

Small Builders Building Software
The Small Builders software was developed by the Company’s Founder and CEO, John Dela Cruz. John is a specialist building and construction lawyer and a member of the Master Builders Association NSW.

Small Builders is incorporated in New South Wales, Australia, its head office at Master Builders Association NSW Building at 52 Parramatta Road, Forest Lodge, NSW, 2037.

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Published by John Dela Cruz

Sydney based building and construction lawyer. CEO and Founder Small Builders Building Software. Immediate Past President Master Builders Association Cronulla. Councilor Master Builders Association New South Wales. Specialist in Security of Payments Law, Construction Contracts Law, and Building and Construction Disputes.
View all posts by John Dela Cruz